modifies the appeal process for rulings of prosecutors in the National

Prosecution Service (NPS) and creates a Prosecution Integrity Board t

In brief
On 13 July 2022, the Department of Justice (DOJ) issued Department Circular
No. 27 (“Circular No. 27”), which modifies the appeal process for rulings of
prosecutors in the National Prosecution Service (NPS) and creates a Prosecution
Integrity Board to monitor, audit, and assess prosecutor conduct in preliminary
investigations and appeals. The department circular takes effect on 31 July
2022.
In more detail
Circular No. 27 modifies the appeal process (via a Petition for Review) for
rulings of prosecutors in preliminary investigations as follows:

1.  A Petition for Review should be filed with the Office of the Secretary of
Justice if the preliminary investigation:

 Involves an offense that falls within the jurisdiction of the Regional Trial
Court (i.e., those punished with imprisonment exceeding six years), or
 Was initiated upon a referral by government agencies (i.e., the National
Bureau of Investigation or the Philippine National Police) to the prosecutor
general
2.  A Petition for Review should be filed with the prosecutor general if the
preliminary investigation involves an offense that falls within the jurisdiction of
the Metropolitan Trial Courts in the National Capital Region (NCR) (i.e., those
punished with imprisonment of six years and below). 

3.  A Petition for Review should be filed with the proper regional state
prosecutor if the preliminary investigation involves an offense that falls within
the jurisdiction of the Metropolitan/Municipal/Municipal Circuit Trial Courts or
Municipal Trial Court in cities outside NCR.

4.  The resolutions of the prosecutor general and the regional state prosecutors
in the above cases are not appealable to the secretary of justice.
5.  However, the secretary of justice has a “residual power of review” over any
resolution by the prosecutor general, regional state prosecutors, and
city/provincial prosecutors. This residual power to review may be exercised by
the secretary of justice “to afford fair play and prevent miscarriage of justice,”
and can be done motu proprio or “upon written and signed complaint” by a
litigant. The DOJ will issue a separate circular on this matter.

Circular No. 27 also created a Prosecution Integrity Board that serves to audit
and monitor the performance of the prosecutor general, regional state
prosecutors, and city/provincial prosecutors in the conduct of preliminary
investigations and appeals. The DOJ will also issue a separate circular for this
matter.

Why DOJ Circular No. 27 is relevant to you

Timely action by the DOJ on appeals in preliminary investigation proceedings
minimizes situations where an appeal is rendered moot upon the filing of formal
charges in court. Under existing rules, the accused in a criminal case may ask
the court for a 60-day suspension of arraignment if an appeal is filed with the
DOJ — the idea being that the court can consider the DOJ’s resolution of the
appeal in deciding whether to continue with trial or simply dismiss the case.
However, if the appeal is not resolved within that 60-day period, the court can
simply proceed with the arraignment of the accused and go through a full-blown
trial, thereby rendering the appeal moot before the DOJ.

With the modifications introduced to the appeal process for preliminary

investigations, litigants can expect pending and future appeals to be acted upon
by the DOJ in a swifter, more efficient manner.

New Philippines Manual for Prosecutors Seeks to Improve

Case Resolution

To help improve the Philippines criminal justice system and strengthen the ability of
prosecutors to effectively prosecute cases, the American Bar Association Ruleof Law Initiative
(ABA ROLI) recently revised and handed over 2,300 copies of the three-volume 2017 Revised
Manual for Prosecutors to the Philippines Department of Justice (DOJ). The manual represents
an important step for the DOJ as part of its efforts to ensure that prosecutors have access to
materials that reflect the most recent laws and procedures necessary for them to perform their
duties.

The manuals were handed over to the DOJ during an official ceremony on Nov. 26, 2017. Upon
receiving these deliverables, Secretary of Justice for the DOJ, Vitaliano N. Aguirre II said, “the
nine years that stand between the former and the present edition of the manual has seen
dynamic changes in the laws, the rules and in the court decisions that impact heavily on how
our prosecutors discharge their duties. Undeniably, this face-lift is a very timely and a most
welcome infusion.” Aguirre later told the press that 2017 Revised Manual for Prosecutors will
not only help speed up the resolution of cases, but will also provide an invaluable tool to newly
appointed prosecutors through its samples and templates.

ABA ROLI revamped the original “Basic Orientation Program for Newly Appointed Prosecutors”
manual by creating a new curriculum including sections on the Rules of Evidence, Gender
Sensitivity, and Child Friendly Case handling. A team of experts, including a former prosecutor
and a clinical law professor, helped develop a training module and created and conducted
training for trainers for 67 experienced prosecutors. This updated manual and training program
are a milestone for the DOJ, because neither the manual nor the training materials had been
updated since 2008, leading to a high rate of dismissal.

“ABA ROLI is delighted to have partnered with the U.S. Department of State's Bureau of
International Narcotics and Law Enforcement and the International Development Law
Organization, as well as the Philippine DOJ to develop this manual and training program,” said
Elisabeth Baraka, ABA ROLI’s Director for Asia and the Pacific. “These manuals will be critical
for prosecutors in the Philippines to apply the law as they seek to play their role in supporting a
fair and trusted legal system.”

ARTA PRAISES DOJ FOR ORDERING PROSECUTORS TO REMAIN

AVAILABLE, ON-CALL AMID ECQ; URGES ALL PROSECUTION
OFFICES TO NOT IMPLEMENT CUT-OFF

15 August 2021 – The Anti-Red Tape Authority (ARTA) lauded the

Department of Justice (DOJ) for issuing a department circular to ensure that
inquest prosecutors remain available and on-call amid the recent enhanced
community quarantine (ECQ).

On 4 August 2021, the DOJ released Department Circular No. 01 or the

Guidelines for the Duration of the Enhanced Community Quarantine in the
National Capital Region for the Period 06-20 August 2021.

“Prosecutors and their support staff shall continue to conduct inquest

proceedings online and/or in person, and attend to urgent matters that require
immediate action, as may be determined by the heads of the prosecution
offices concerned,” the guidelines read.

“Accordingly, all prosecution offices are directed to ensure the availability at all
times of inquest prosecutors who shall be on-call for the duration of the ECQ,”
it added.

This means that those arrested without a warrant must immediately undergo
inquest proceedings.

It can be recalled that the DOJ issued similar policies in the previous
implementation of ECQ.

Secretary Jeremiah Belgica, ARTA Director General, welcomed the issuance

of the new guidelines that will further streamline processes in the judicial arm
of the government, which is not within the Authority’s jurisdiction.

“We laud the DOJ for these new guidelines. This would ensure that no person
will be detained more than the time set forth by the law,” he said.

Article 125 of the Revised Penal Code (RPC) states that persons who are
detained without a warrant should be delivered to judicial authorities within 12
hours if they committed crimes or offenses punishable by light penalties, 18
hours for those punishable by correctional penalties, and 36 hours for those
punishable by afflictive or capital penalties.

The new directive is in line with Republic Act No. 11032 or the Ease of Doing
Business and Efficient Government Service Delivery Act of 2018, which
prohibits the imposition of cut-off schemes.

“Sadly, ARTA received some reports that there are prosecution offices
implementing cut-off in conducting inquest,” Belgica said.
The anti-red tape czar said they will forward their reports and
recommendations to the Office of the Secretary of Justice for possible actions
as soon as they finish collating related complaints and incidents.

“This cannot be countenanced considering that what we are talking about is

the liberty of a person,” Belgica stressed. “There is a saying that ‘justice
delayed is justice denied.’ Imagine if a case is a very petty one with a possible
penalty of only a few days in prison or a minimal fine yet it would take 2 to 3
days before the arrestee would undergo an inquest due to cut-off system.
There is already an automatic violation of human rights here.”

“Also, cops involved in the arrest have no choice but to wait when the inquest
would be set by the prosecutor. This kind of red tape may possibly cause
them arbitrary detention charges. Let us remember that the arrestees are still
presumed innocent unless proven otherwise. Hence, we must be sensitive
with their rights,” Belgica furthered.

The department order is also in accordance with the Office of the President’s
Memorandum Circular No. 87, which states that the government must be at
full operating capacity even during the ECQ, a call which the Authority
supports.

The Inter-Agency Task Force for the Management of Emerging Infectious

Diseases (IATF-EID) made a similar order in its Omnibus Guidelines on the
Implementation of Community Quarantine in the Philippines.

Belgica encouraged government prosecutors to comply with the DOJ circular.

“Thank you Justice Secretary Menardo Guevarra for making the policy very
clear. The Authority will continue to train a watchful eye on government
workers during this ECQ period. We will continue to work with the Office of the
Secretary of Justice and Prosecutor General in a bid to weed out red tape
even in the disposition of justice,” the ARTA chief said.

To date, the Manila, Quezon City, and Malabon are among the localities in
Metro Manila with prosecutorial services even at night.

END
 New fiscals' manual to expedite
resolution of cases
By Christopher Lloyd Caliwan November 27, 2017, 4:33 pm
Share

MANILA -- The United States Embassy on Monday turned over 2,000 copies of the 2017 edition of
Manual for Prosecutors and Developed Projects Outputs to the Department of Justice (DOJ) which
is expected to improve the services of the agency as well as speed-up its resolution of cases.

Justice Secretary Vitaliano Aguirre II accepted the manual of prosecutors from US Ambassador to
the Philippines Sung Y. Kim, American Bar Association-Rule of Law Initiative country director Robert
La Mont and International Development Law Organization field program director Atty. Cathleen
Cagaanan during the turnover ceremony held at the Diamond Hotel in Manila.

The DOJ Secretary said the copies of the manual will be immediately distributed to the prosecutors.

Aguirre said the updating of the 2008 vintage Manual of Prosecutors is a welcome development,
noting that the latest edition of the manual is not only a cherished improvement but it is also in line
with the agency's efforts to improve its services to the people.

“From the time that I started my stewardship of your DOJ, one of our avowed purpose is to leave it
better than when we found it. The nine years that stand between the former and the present edition
of the manual has seen dynamic changes in the laws, the rules and in the court decisions that
impact heavily on how our prosecutors discharge their duties. Undeniably, this facelift is a very
timely and a most welcome infusion,” Aguirre said during his welcome remarks.

He noted the user-friendly three volume manual readily available for the use of our prosecutors in the
field, it is most fervent hopes that the resolutions that will be produced by such usage will not only
be viable instruments of justice, it should also stand up to scrutiny in the crucible of review.
“I think mapapabilis yung resolution. Unang una, nandun na yung gagawin nila, the procedures step by
step during the preliminary investigation in different forms. Nandun na rin pati guide until the time file
in court,  hindi na magiisip especially the new prosecutors how to make pleading may mga sample
nandun and templates.  Napakalaking tulong nito,” he told reporters after the event.

(With this, the resolution of cases will be fast. First, it contains procedures on how to handle the
proceedings during the preliminary investigation in different forms with guide. It will also be a big
help to new prosecutors because there is a sample and templates. This is really a big help to us.)

Aguirre thanked valuable partners in this worthy undertaking -- the International Development Law
Organization, and the American Bar Association-Rule of Law Initiative for helping the agency realize
the prosecutors’ goal not only to update the manual but also to recharge and to reinvigorate it.

“I also wish to thank his Excellency, Mr. Ambassador Sung Y. Kim and the staff of the US Embassy
for making this event a reality,” he said.

“Of course, approbation and profuse congratulations are also in order for all our prosecutors,
particularly those under the DOJ Special Projects Division or SPD. They are the ones whose labors,
valued inputs and incisive insights, spread over countless hours, have rightfully given them the right
to call the 2017 edition of the manual, their baby,” he added.

Aguirre also bared the plan to build a DOJ Academy and Training Center, the in-depth study and
discussion of the manual as one of the prescribed courses for the training and orientation of future
prosecutors. (PNA)